Divorce Case Issues Checklist

Your divorce attorney may use a form like this to keep track of the issues in your case, the information that has already been gathered, and the information that still needs to be gathered to prepare for mediation and settlement, and if necessary, for trial.

CASE OUTLINE

I. REQUIRED INFORMATION

PETITIONER'S NAME:
HEIGHT: WEIGHT:

SSN:
DATE OF BIRTH:
AGE:

HOME ADDRESS:
CITY/ZIP:

TELEPHONE #:
BEEPER #:

EMPLOYER:

TELEPHONE:

ADDRESS:

CITY/ZIP:

ATTORNEY:
ADDRESS:
CITY/ZIP:

TELEPHONE:

MONTHLY NET INCOME ON
FINANCIAL AFFIDAVIT $_____________

DRIVER'S LICENSE #:
DATE OF ISSUE:

RESPONDENT'S NAME:
HEIGHT: WEIGHT:

SSN:
DATE OF BIRTH:
AGE:

HOME ADDRESS:
CITY/ZIP:

TELEPHONE #:
BEEPER #:

EMPLOYER:

TELEPHONE:

ADDRESS:

CITY/ZIP:

ATTORNEY:
ADDRESS:
CITY/ZIP:

TELEPHONE:

MONTHLY NET INCOME ON
FINANCIAL AFFIDAVIT $_____________

DRIVER'S LICENSE #:
DATE OF ISSUE:

Marriage:

DATE OF MARRIAGE:

PLACE OF MARRIAGE:

YEARS OF MARRIAGE:

DATE OF FINAL SEPARATION:

Pleadings:

DATE PETITION FOR DISSOLUTION OF MARRIAGE FILED:

DATE ANSWER FILED:

DATE COUNTERPETITION FOR DISSOLUTION OF MARRIAGE FILED:

DATE ANSWER FILED:

Restoration of maiden name:

MAIDEN NAME TO BE RESTORED?
YES____ NO____

MAIDEN NAME: (SPELL OUT ENTIRE
NAME, INCLUDING
MIDDLE NAME)

Children:

CHILD'S NAME

CHILD'S AGE

DATE OF BIRTH

LOCATION OF CHILD

CHILD SUPPORT
PURSUANT TO THE
GUIDELINES IS $________MON.

IF DEVIATION REQUESTED,
REASON IS ______________
________________

HAS THE PETITIONER
ATTENDED PARENTING
COURSE? ______

HAS THE RESPONDENT
ATTENDED PARENTING
COURSE?______

II. SUMMARY OF ISSUES:

THE FOLLOWING
ISSUES ARE SETTLED:
attach partial settlement agreement.
(PUT N/A NEXT TO
SPACES IN WHICH THE
ISSUE DOES NOT
APPLY IN YOUR CASE)

WE NEED A TRIAL
ON THE FOLLOWING ISSUES:
(PUT N/A NEXT TO
SPACES IN WHICH
THE ISSUE DOES NOT
APPLY IN YOUR CASE)

III. CUSTODY/PARENTAL RESPONSIBILITY:

ANSWER ONLY IF CUSTODY/PARENTAL RESPONSIBILITY IS A CONTESTED ISSUE, AND ANSWER ONLY THOSE PARTS THAT REQUIRE COURT RESOLUTION:A. LEGAL JOINT CUSTODY/SHARED PARENTAL RESPONSIBILITY
(DECISION-MAKING)
COMPLETE NUMBER ONE (1), TWO (2) OR THREE (3):

1._____ EQUAL LEGAL SHARED
CUSTODY/PARENTAL
RESPONSIBILITY:

___PARTIES AGREE THAT
THEY ARE ABLE TO CONFER AND
COOPERATE AND MAKE ALL
MAJOR DECISIONS JOINTLY.

2._____ ULTIMATE RESPONSIBILITY
(COURT FINDINGS REQUIRED):

___THE PARTIES AGREE THAT THEY
ARE ABLE TO CONFER AND COOPERATE AND
MAKE MOST MAJOR DECISIONS
JOINTLY, BUT THERE IS CONFLICT WITH
REGARD TO THE FOLLOWING ISSUE(S)
REQUIRING THE COURT TO GIVE ONE
PARENT FINAL WORD WHEN THERE IS
DISAGREEMENT AFTER DISCUSSION:
_____EDUCATION—PUBLIC/PRIVATE
_____RELIGIOUS TRAINING/EDUCATION
_____MEDICAL/DENTAL CARE
_____EXTRA-CURRICULAR ACTIVITIES
_____SUMMER CAMP
_____TUTORING/PRIVATE LESSONS
_____SPORTS PARTICIPATION
_____OTHER: ___________________
_______________________________

___THE PARTIES ARE NOT ABLE TO
CONFER OR COMMUNICATE OR EVEN TALK TO
ONE ANOTHER AT ALL ON SPECIFIC DECISION-
MAKING ISSUES OR ALL ISSUES AND IT
WOULD BE DETRIMENTAL TO THE CHILD(REN) FOR
THEM TO DO SO, REGARDING THE FOLLOWING:
_____ALL ISSUES
_____EDUCATION—PUBLIC/PRIVATE
_____RELIGIOUS TRAINING/EDUCATION
_____MEDICAL/DENTAL CARE
_____EXTRA-CURRICULAR ACTIVITIES
_____SUMMER CAMP
_____TUTORING/PRIVATE LESSONS
_____SPORTS PARTICIPATION
_____OTHER:____________________

B. PHYSICAL SHARED CUSTODY/PARENTAL RESPONSIBILITY
(WHERE IT IS IN THE BEST INTERESTS OF THE CHILD TO LAY HIS OR HER HEAD DOWN MORE OF THE TIME)
CHECK ONE AND ANSWER:

_____ WE AGREE THAT _____________ SHALL BE THE PRIMARY RESIDENTIAL PARENT AND THAT ________________ SHALL BE THE SECONDARY RESIDENTIAL PARENT.

C. FACTORS. IF THE PARTIES HAVE ANY DISPUTES REGARDING LEGAL OR PHYSICAL SHARED CUSTODY/PARENTAL RESPONSIBILITY, CHECK WHICH OF THE FOLLOWING FACTORS APPLY.
EVIDENCE/TESTIMONY WILL BE PRESENTED ON THE FOLLOWING FACTORS AT TRIAL (PUT N/A NEXT TO FACTORS NOT IN DISPUTE):

_____THE PARENT WHO IS MORE LIKELY TO ALLOW THE CHILD FREQUENT AND CONTINUING CONTACT WITH THE OTHER PARENT.

_____THE LOVE, AFFECTION, AND EMOTIONAL TIES EXISTING BETWEEN THE PARENTS AND THE CHILD.

_____THE CAPACITY AND DISPOSITION OF THE PARENTS TO PROVIDE THE CHILD WITH FOOD, CLOTHING, MEDICAL CARE OR OTHER REMEDIAL CARE RECOGNIZED AND PERMITTED UNDER THE LAWS OF THIS STATE IN LIEU OF MEDICAL CARE, AND OTHER MATERIAL NEEDS.

_____THE LENGTH OF TIME THE CHILD HAS LIVED IN A STABLE, SATISFACTORY ENVIRONMENT AND THE DESIRABILITY OF MAINTAINING CONTINUITY.

_____THE PERMANENCE, AS A FAMILY UNIT, OF THE EXISTING OR PROPOSED PRIMARY HOME.

_____THE MORAL FITNESS OF THE PARENTS.

_____THE MENTAL AND PHYSICAL HEALTH OF THE PARENTS.

_____THE HOME, SCHOOL, AND COMMUNITY RECORD OF THE CHILD.

_____THE REASONABLE PREFERENCES OF THE CHILD, IF THE COURT DEEMS THE CHILD TO BE OF SUFFICIENT INTELLIGENCE, UNDERSTANDING, AND EXPERIENCE TO EXPRESS A PREFERENCE.

_____THE WILLINGNESS AND ABILITY OF EACH PARENT TO FACILITATE AND ENCOURAGE A CLOSE AND CONTINUING PARENT-CHILD RELATIONSHIP BETWEEN THE CHILD AND THE OTHER PARENT.

_____A PARTY PROVIDED FALSE INFORMATION TO THE COURT IN A DOMESTIC VIOLENCE PROCEEDING.

2. IF DISTRIBUTION OF NON MARITAL/SEPARATE ASSETS AND LIABILITIES IS AGREED, ATTACH PARTIAL SETTLEMENT AGREEMENT.
3. IF DISPUTED AS TO WHETHER THE ASSET OR LIABILITY IS MARITAL/COMMUNITY OR NON-MARITAL/SEPARATE, COURT FINDINGS REQUIRED AS TO IDENTIFICATION, OWNERSHIP INTEREST, VALUE, VALUATION DATE, AND DESIGNATION OF WHICH SPOUSE SHALL BE ENTITLED TO EACH):

C. UNEQUAL DISTRIBUTION OF ASSETS.
IF EITHER PARTY IS SEEKING AN UNEQUAL DISTRIBUTION OF MARITAL ASSETS, COURT FINDINGS ARE REQUIRED AS TO JUSTIFICATION THEREFOR BASED ON THE FOLLOWING FACTORS. ONLY IF EITHER PARTY IS SEEKING AN UNEQUAL DISTRIBUTION, CHECK THOSE FACTORS FOR WHICH TESTIMONY/EVIDENCE WILL BE PRESENTED AT TRIAL. YOU MAY ATTACH WRITTEN PROPOSED FINDINGS TO THIS PRE-TRIAL STIPULATION:
PUT N/A NEXT TO THOSE WHICH DO NOT APPLY:

_____1. CONTRIBUTION TO THE MARRIAGE (HOMEMAKER)
_____2. ECONOMIC CIRCUMSTANCES OF THE PARTIES
_____3. DURATION OF THE MARRIAGE
_____4. INTERRUPTIONS TO CAREERS OR EDUCATION
_____5. CONTRIBUTION TO OTHER SPOUSE'S CAREER OR EDUCATION
_____6. DESIRABILITY OF RETAINING ANY ASSET INCLUDING AN INTEREST IN A BUSINESS, CORPORATION, OR PROFESSIONAL PRACTICE INTACT AND FREE FROM ANY CLAIM OF INTERFERENCE BY THE OTHER PARTY
_____7. CONTRIBUTION OF EACH SPOUSE TO THE ACQUISITION, ENHANCEMENT, AND PRODUCTION OF INCOME OR THE IMPROVEMENT OF, OR THE INCURRING OF LIABILITIES TO BOTH THE MARITAL AND NON-MARITAL ASSETS OF THE PARTIES
_____8. DESIRABILITY OF RETAINING THE MARITAL HOME AS A RESIDENCE AS IT IS EQUITABLE TO DO SO, IN THE BEST INTERESTS OF THE CHILD OR FINANCIALLY FEASIBLE FOR THE PARTIES TO DO SO
_____9. INTENTIONAL DISSIPATION, WASTE, DEPLETION OR DESTRUCTION OF MARITAL ASSETS AFTER THE FILING OF THE PETITION OR WITHIN TWO YEARS PRIOR TO THE FILING OF THE PETITION
_____10. ANY OTHER FACTORS NECESSARY TO DO EQUITY AND JUSTICE
_____11. UNEQUAL DISTRIBUTION DESPITE GIFTING, SHORT MARRIAGE
_____12. APPRECIATED VALUE OF NON-MARITAL ASSETS, PAYMENTS AND/OR LABOR DURING THE MARRIAGE
D. PETITIONER'S PROPOSED DIVISION/DISTRIBUTION:
1. PETITIONER’S PROPOSED DISTRIBUTION CHART:

a. FOR EACH ASSET:

DEBT

AMOUNT

AS OF DATE

$ TO BE PAID
BY HUSTAND

$ TO BE PAID
BY WIFE

b. FOR EACH DEBT OR LIABILITY:

DEBT

AMOUNT

AS OF DATE

$ TO BE PAID
BY HUSTAND

$ TO BE PAID
BY WIFE

c. TOTALS TO EACH PARTY

TOTALS TO EACH

HUSBAND

WIFE

2. IF THE TOTALS TO THE HUSBAND AND WIFE ARE NOT EQUAL, GIVE REASONS WHY:
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________.

V. ALIMONY. IF ALIMONY IS AN ISSUE, ANSWER THE FOLLOWING (PUT N/A IF DOESN'T APPLY):

A. TEMPORARY ARREARAGES:

____ ATTACH ARREARAGES
CALCULATIONS WORKSHEET

B. PERMANENT PERIODIC
ALIMONY:
____AGREED NO SUCH ALIMONY
____AGREED NEED/ABILITY FOR $_____
PER MONTH UNTIL _________'S
REMARRIAGE OR DEATH OF EITHER PARTY

___HUSBAND SAYS THERE IS NO NEED
AND/OR ABILITY TO PAY NEED AND/OR
ABILITY TO PAY SUCH ALIMONY
___WIFE SAYS THERE IS NO NEED
AND/OR ABILITY TO PAY SUCH ALIMONY
___WIFE SAYS SHE NEEDS $_____ PER
MONTH UNTIL THE WIFE'S REMARRIAGE
OR DEATH OF EITHER PARTY
___ HUSBAND SAYS HE NEEDS $_____ PER
MONTH UNTIL THE HUSBAND'S REMARRIAGE
OR DEATH OF EITHER PARTY

C. BRIDGE THE GAP
REHABILITATIVE ALIMONY:
____AGREED NO SUCH ALIMONY
____AGREED NEED/ABILITY FOR $_____ PER
MONTH UNTIL DATE_________ OR _________'S
REMARRIAGE OR DEATH OF EITHER PARTY,
WHICHEVER FIRST OCCURS.

___HUSBAND SAYS THERE IS NO NEED
AND/OR ABILITY TO PAY SUCH ALIMONY
___WIFE SAYS THERE IS NO NEED AND/OR
ABILITY TO PAY SUCH ALIMONY
___WIFE SAYS SHE NEEDS $_____ PER MONTH
UNTIL DATE _________ OR THE WIFE'S
REMARRIAGE OR DEATH OF EITHER PARTY,
WHICHEVER FIRST OCCURS
___HUSBAND SAYS HE NEEDS $_____ PER MONTH
UNTIL DATE __________ OR THE HUSBAND'S
REMARRIAGE OR DEATH OF EITHER PARTY,
WHICHEVER FIRST OCCURS

___HUSBAND SAYS THERE IS NO
NEED AND/OR ABILITY TO PAY SUCH ALIMONY
___WIFE SAYS THERE IS NO NEED
AND/OR ABILITY TO PAY SUCH ALIMONY
___WIFE SAYS SHE NEEDS $_____ PER
______ OR UNTIL _____________ FOR
THE FOLLOWING:
RETRAINING PLAN_________________________
OBJECT OF REHABILITATION
______________________________
COST OF PLAN ________________
PERIOD TO COMPLETE_________
HOW PLAN IS WORKABLE TO MAKE SELF
SUPPORTING AND MAINTAIN THE STANDARD
OF LIVING COMPARABLE TO THAT ENJOYED
DURING THE MARRIAGE ________________
_______________________________
___HUSBAND SAYS HE NEEDS $_____ PER
______ OR UNTIL _____________ FOR THE FOLLOWING:
RETRAINING PLAN_________________________
OBJECT OF REHABILITATION
______________________________
COST OF PLAN ________________
PERIOD TO COMPLETE_________
HOW PLAN IS WORKABLE TO MAKE
SELF SUPPORTING_____________
_______________________________

___HUSBAND SAYS THERE IS NO
NEED OR ABILITY TO PAY WIFE PERMANENT
PERIODIC ALIMONY AND NO UNUSUAL
CIRCUMSTANCES OR JUSTIFICATION WHICH
WOULD REQUIRE A NON-MODIFIABLE AWARD
OF SUPPORT IN THE FORM OF LUMP SUM ALIMONY
___WIFE SAYS THERE IS NO NEED OR ABILITY TO
PAY HUSBAND PERMANENT PERIODIC ALIMONY AND
NO UNUSUAL CIRCUMSTANCES OR JUSTIFICATION
WHICH WOULD REQUIRE A NON-MODIFIABLE AWARD
OF SUPPORT IN THE FORM OF LUMP SUM ALIMONY
___WIFE SEEKS LUMP SUM ALIMONY FROM THE
HUSBAND AS FOLLOWS:$_____________________
JUSTIFICATION IS________________
SOURCE OF FUNDS TO PAY IS________________________________
___HUSBAND SEEKS LUMP SUM ALIMONY
FROM THE WIFE AS FOLLOWS:$_____________________
JUSTIFICATION IS________________
SOURCE OF FUNDS TO PAY IS_____

CHILD SUPPORT (PUT N/A IF DOES NOT APPLY)

A.GUIDELINES SUMMARY: TO BE ATTACHED
B.IF THERE ARE ARREARAGES, ATTACH ARREARAGES CALCULATION WORKSHEETS.
C.ADJUSTMENTS: ANSWER ONLY IF SEEKING AN ADJUSTMENT IN THE CHILD SUPPORT GUIDELINES AMOUNT:

____PLUS 5%
____MINUS 5%

COURT TO CONSIDER ALL RELEVANT FACTORS, INCLUDING:
____NEEDS OF CHILD(REN)
____AGE OF CHILD(REN)
____STATION IN LIFE
____STANDARD OF LIVING
____FINANCIAL STATUS AND ABILITY OF EACH PARENT
____OTHER____________________
_______________________________

VII. ATTORNEY'S FEES, SUIT MONIES AND COSTS:

A. ____ ENTITLEMENT AND AMOUNT SHALL BE HEARD AT A HEARING SUBSEQUENT TO FINAL HEARING
B. ____WIFE'S FEES AND COSTS ARE AN ISSUE:
(PUT N/A IF DOES NOT APPLY)

ENTITLEMENT:
___TO BE DETERMINED AT TRIAL
___TO BE DETERMINED AT A
HEARING SUBSEQUENT TO TRIAL

AMOUNT:
___TO BE DETERMINED AT TRIAL
___TO BE DETERMINED AT A
HEARING SUBSEQUENT TO TRIAL

___ENTITLEMENT IS AGREED
___ABILITY TO PAY DISPUTED
___NEED DISPUTED
___ALL CIRCUMSTANCES SHOULD
BE CONSIDERED, INCLUDING:
___SCOPE AND HISTORY OF LITIGATION
___DURATION OF THE LITIGATION
___MERITS OF THE RESPECTIVE POSITIONS
___WHETHER THE LITIGATION IS BROUGHT OR
MAINTAINED PRIMARILY TO HARASS
(OR WHETHER A DEFENSE IS
RAISED MAINLY TO FRUSTRATE OR STALL)
___THE EXISTENCE AND COURSE OF
PRIOR OR PENDING LITIGATION

C. ____ HUSBAND'S FEES AND COSTS ARE AN ISSUE:
(PUT N/A IF DOES NOT APPLY)

ENTITLEMENT:
___TO BE DETERMINED AT TRIAL
___TO BE DETERMINED AT A
HEARING SUBSEQUENT TO TRIAL

AMOUNT:
___TO BE DETERMINED AT TRIAL
___TO BE DETERMINED AT A
HEARING SUBSEQUENT TO TRIAL

___ENTITLEMENT IS AGREED
___ABILITY TO PAY DISPUTED
___NEED DISPUTED
___ALL CIRCUMSTANCES SHOULD BE
CONSIDERED, INCLUDING:
___SCOPE AND HISTORY OF LITIGATION
___DURATION OF THE LITIGATION
___MERITS OF THE RESPECTIVE POSITIONS
___WHETHER THE LITIGATION IS BROUGHT OR
MAINTAINED PRIMARILY TO HARASS
(OR WHETHER A DEFENSE IS RAISED
MAINLY TO FRUSTRATE OR STALL)
___THE EXISTENCE AND COURSE OF PRIOR OR PENDING LITIGATION

Pioneer Law Office

Pioneer Law Office is an innovative, full service law firm. With over 50 years of experience, the attorneys at Pioneer Law Office are seasoned professionals, distinguishing them from other legal firms. As your advocate, Pioneer Law Office will explore, prepare and lead…because that’s what Pioneers do.